Rajaretnam.P v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.(MD) No.20920 of 2022 P.Rajaretnam ... Petitioner -vs1. The Authorized Officer, Indian Bank, Nagercoil Branch, WCC Road Branch, Nagercoil District.

2. S.Sundarraj

3. Debts Recovery Tribunal - Madurai, Rep. by the Registrar, III and IV Floor, Kalyani Towers, 4/162 Madurai - Melur Road, (Near Meenakshi Mission Hospital) Uthangudi Post, Madurai.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the order dated 30.09.2022 passed by the Honble Debts Recovery Tribunal Madurai ie. 3rd respondent in I.A.No.76 of 2014 in S.A.(Sr) No.205 of 2014 and set aside the same and allow the condone delay petition as prayed for.

For Petitioner :

Mr.V.Veerapandian For Respondents :

Mr.R.Pandivel for R1 Mr.T.Arul for R2

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Learned Counsel for the first respondent raised a preliminary objection that the petitioner has a remedy before the Debt Recovery Appellate Tribunal.

2. In the light of that, the writ petition is disposed of with liberty to the petitioner to avail the alternative remedy. In that event, all contentions are kept open.

There will be no order as to costs. Consequently, W.M.P. (MD) No. 20920 of 2022 is closed.

[S.V.G., C.J.] [P.D.A., J.] 25.04.2024 Index : Yes / No : Yes / No PKN To:

1. The Authorized Officer, Indian Bank, Nagercoil Branch, WCC Road Branch, Nagercoil District.

2. The Registrar, Debts Recovery Tribunal - Madurai, III and IV Floor, Kalyani Towers, 4/162 Madurai - Melur Road, (Near Meenakshi Mission Hospital) Uthangudi Post, Madurai.

THE HONOURABLE CHIEF JUSTICE and P.D.AUDIKESAVALU , J.

PKN 25.04.2024